The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) Nos.32325 & 31479 of 2023 Nrusingh Charan Mohanty …. Petitioner Mr. D.K. Mohapatra, Advocate Mr. S.K. Das, Advocate (in W.P.(C) No.31479/2023) State of Odisha and Others …. -versus- Opposite Parties Mr. S.K. Samal, AGA Mr. S.K. Swain, Advocate (in W.P.(C) No.31479/2023) CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 19.10.2023 Order No. 04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
Legal Reasoning
2. Heard learned counsel for the parties. 3. Since the issue involved in both the cases are identical with rival claim to get the benefit of continuance as Principal-in-Charge of the College in question, both the matters are heard analogously and disposed of by the present common order. 4. It is contended that while W.P.(C) No.32325 of 2023 has been filed by the petitioner-Nrusingh Charan Mohanty challenging the recommendation made by the Director vide his order dated 08.09.2023 in allowing the petitioner in other case to act as the Principal-in-Charge–cum-Secretary of the institution in question, W.P.(C) No.31479 of 2023 has been filed by the Petitioner-Nimai Charan Singh challenging Office Order dated 22.09.2023, so issued by the Director- Opp. Party No.2, wherein petitioner Nimai Charan Singh in // 2 // terms of order dated 08.09.2023 allowed to continue as Principal-in-charge of the institution in question, but his financial power has been taken away. This Court while taking up of the matter in W.P.(C) No.31479 of 2023 passed an interim order on 26.09.2023 by staying the operation of the order dated 22.09.2023. During pendency of the matter
Legal Reasoning
so filed by the Mr. Singh, the Writ Petition by Mr. Mohanty was filed before this Court on 29.09.2023 with the following prayer:- <It is therefore prayed that this Hon’ble Court may graciously be pleased to:- i) ii) Admit the writ application. Call for the records. iii) Issue Rule NISI calling upon the Opp. Party to show cause as to why the impugned letter of the Director dated 08.09.2023 under Annexure-3 shall not be quashed. iv) If the Opp. Party do not show cause or show insufficient cause issue a writ in the nature of Certiorari in quashing the impugned letter dated 8.9.2023 under Annexure-8. the Sub-Collector, v) Issue a writ of mandamus directing the opp. parties to give effect to the recommendation by letter dated 05.09.2023 under Annexure-7 and accordingly the name of the petitioner be approved as Principal I/c of Anchalika Higher Secondary School, Talmul, Dist-Angul.= vide 5. Since the dispute is with regard to continuance of the petitioner in both the cases as Principal-in-Charge of the institution in question, this Court passed an order on 10.10.2023 to the following effect:- “1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel for the parties. Page 2 of 5 // 3 // 3. Considering the nature of dispute involved, this Court directs learned Addl. Govt. Advocate to obtain instruction as to why a regular governing body of the College has not yet been approved and whether any proposal to that effect has been submitted or not. Such instruction shall be provided to this Court on the next date. 4. As requested, list this matter on 18.10.2023.= 5.1. Pursuant to the said order and on instruction it is contended by the learned Addl. Govt. Advocate that Governing bodies/Managing Committees in Aided High Schools/Colleges have been superseded by the Government vide Notification dated 08.09.2020. Thereafter no proposal has been submitted by the Petitioners’ institution for re- constitution of the Governing Body. Considering such submission of learned Addl. Govt. Advocate, this Court passed a further order on 18.10.2023 to the following effect:- “1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel for the parties. 3. Pursuant to the order passed by this Court on 10.10.2023, learned Addl. Government Advocate produced the instruction so provided by the Director, Higher Education Deptt.,Orissa. From the said instruction, it has been taken that vide notification dt.08.09.2020 so issued by the Government in the Department of School and Mass Education all the Governing Bodies/Managing Committees were dissolved with immediate effect and Sub-Collector/Addl. District Magistrate were nominated as the President of the governing body. 4. It is contended that after such notification issued by the Government on 08.09.2020, no proposal has been submitted by the Petitioner’s college for approval of the Governing body. 5. This Court is of the view that after issuance of the notification dated 08.09.2020, the Department should have issued a further notification directing the institutions in question to submit the proposal for approval of the newly constituted governing body, this Court directs learned Addl. Government Advocate to produce instruction as to whether after issuance of notification dt.08.09.2020, any further notification is issued by the Government Page 3 of 5 // 4 // asking for submission of proposal for approval of the governing body/managing committee As requested, list this matter tomorrow (19.10.2023).= 5.2. Pursuant to the such order passed on 18.10.2023, further instruction was produced by the learned Addl. Govt. Advocate in Court today, so provided by the Opposite Party No.2 vide letter dated 18.10.2023. The same be kept in record. 5.3. From the instruction so provided in Court today, it is found that subsequent to the issuance of notification on 08.09.2020, Opp. Party No.2 vide letter dated 03.08.2021 though requested the President/Secretary, Governing Body of all Aided, Unaided, Self-Financing Higher Secondary Schools to submit the proposal for reconstitution of the Governing body, but since no such proposal has yet been submitted by the concerned President/Secretary of the Governing Body, no approval has been made to the reconstitution of the Governing Body of the College in question. 6. Having heard learned counsel for the parties and in view of the fact that because of the supersession of the Governing Body of the College so effected by the Government vide notification dated 08.09.2020, the function of the president of the Governing Body is now being discharged by the Sub-Collector, Angul, this Court taking into account the communication issued by the Director on 03.08.2021, direct Sub-Collector, Anugul to submit the proposal for reconstitution of the Governing Body of the Petitioners’ College in terms of the provisions contained under Rule 27 of the Odisha Education (Establishment Recognition and Management of Private Page 4 of 5 // 5 // Junior Colleges/Higher Secondary Schools etc.) Rules, 1991. It is directed that such a proposal shall be submitted by the Sub-Collector, who is now acting as president of the Governing Body of the College, within a period of 3 weeks from the date of receipt of this order. It is further observed that on receipt of the proposal from the president of the Governing Body within the aforesaid time period, Opp. Party No.2 shall take consequential action for approval of the Governing Body in accordance with law within a further period of 4 (four) weeks. 6.1. It is however observed that till such a fresh decision is taken with regard to approval of the Governing Body of the College, status-quo as on today with regard to continuance of the Principal-in-Charge of the College in terms of order dated 08.09.2023 be maintained. After such approval of the reconstituted Governing Body, further action be taken by the Opp. Party No.2 in accordance with the order already passed by this Court on 11.05.2023 in W.P.(C) NO.12606 of 2023.
Decision
8. Both the Writ Petitions are disposed of. (Biraja Prasanna Satapathy) Judge Basudev Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 21-Oct-2023 09:37:57 Page 5 of 5